Mortgage lenders power of sale a blow to homeowners?

12 November 2008

In a landmark High Court judgment, Mr Justice Briggs determined that s.101 of the Law of Property Act 1925 did not infringe the rights of mortgagors under the ECHR. The practical effect of this is that mortgagees are permitted to sell properties without first obtaining a court order for possession. Tom Poole acted for the claimant in this matter.